DOS Cable on Follow-to-Join Cases
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
AMEMBASSY BUJUMBURA
AMCONSUL GUANGZHOU
Unclas State 035790
Visas, Inform Consuls
E.O. 12958: N/A
Tags: CVIS
Subject: Follow-to-Join IV Cases: Requesting I-824s
Ref: 97 State 51612
1. Reftel provided general guidelines on processing follow-to-join immigrant visa cases. This cable reminds posts of procedures to follow in cases where post does not have prior records of the principal alien’s visa issuance or adjustment of status.
2. In such cases, posts should first make every effort to verify the principal’s visa category, chargeability, priority date and admission into the U.S. based on available documentation provided by the derivative beneficiaries. Such documentation may include the principal alien’s alien registration card (I-551) or his/her passport showing a valid and credible ADIT stamp, as well as proof of relationships between the principal alien and his/her derivatives. Alternatively, derivative beneficiaries may also present an I-181 or I-824 indicating the principal alien’s adjustment of status. Where credible documentary evidence is available, posts should not require the derivative beneficiaries to present an I-181 or I-824.
3. Conoffs may advise the derivative beneficiaries to obtain an I-181 or I-824, however, when supporting documentation cannot be obtained or raises fraud concerns. ADIT stamps, in particular, are easily reproduced, but a legitimate LPRA will probably be able to provide secondary evidence of his/her legal admission to the U.S. to support a questionable ADIT stamp.
4. As a final option, posts may use a visas badger cable to request INS confirmation of the principal alien’s adjustment or admission as an immigrant. Conoffs should advise derivative applicants that receipt of INS confirmation frequently takes six to eight weeks, and that it is frequently more expedient for the principal alien to express mail either the necessary supporting documentation, an I-181 or an I-824.
5. Minimize considered.
Strobe Talbott